§ 140A.001.Definitions

Five definitions, and each is drawn wider than its ordinary meaning.

"Enterprise" means a legal entity, a group of individuals associated in fact, or a combination of entities and individuals.

The middle limb is the essential one. Trafficking operations are rarely incorporated. "Associated in fact" reaches a network with no legal form at all — which is the same concept the federal racketeering statute uses, and for the same reason.

"Acquire" covers four things: possess property; prevent another person from using their property or dictate the terms of use; bring about or receive the transfer of any interest, whether to oneself or another; or secure performance of a service.

The second and fourth are the ones written for this subject. Controlling someone else’s property without taking it, and securing performance of a service, describe how trafficking operates — the gain is labour or services extracted, not goods carried away.

"Gain" means a benefit, interest, or property without reduction for expenses incurred in acquiring or maintaining it, or incurred for any other reason.

That is gross rather than net, and it removes an entire line of argument. A defendant cannot reduce its exposure by proving what the operation cost to run.

"Proceeds" reaches an interest acquired or derived from, produced or realized through, or directly or indirectly caused by an act or omission — and the fruits of that interest, in any form.

"In any form" follows the money through conversion, so proceeds remain proceeds after being turned into something else.